Legal Question in Wills and Trusts in Illinois

Disputing a will

What is needed for adult children to dispute a will that states ''nothing is to be left to my children'' and the estate is to be distributed according to a trust.

Asked on 3/19/09, 3:18 pm

1 Answer from Attorneys

Adam S. Tracy Securities Compliance Group Ltd

Re: Disputing a will

Thank you for your question. There are a number of grounds upon which to dispute a will/trust. The most common of these revolve around the mental clarity of the person making the will at the time they made the will. Thus, was the person of sound mind?

Another issue is whether the person making the will was under someone else's influence or under some sort of duress? An example would be a second spouse or advisor who coerces the individual (through misleading information or otherwise) to keep certain individuals out of the will.

Finally, another common issue is whether the will was made under an incorrect belief of some sort - a mistake of fact. For instance, if the individual making the will believes he is leaving money to his children but the operation of the actual document does not provide for that.

There are some other issue lurking here as well. Such, for instance, what the terms of the trust are? Moreover, the exact language used in the will that disinherits the children needs to be looked at.

Feel free to email me if you have any further questions: [email protected]

Thanks -

Adam Tracy

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Answered on 3/21/09, 2:40 pm

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